KUALA LUMPUR, 13 Feb 2009: Datuk Seri Mohammad Nizar Jamaluddin today filed an application in the High Court here in Jalan Duta that he is still the rightful Menteri Besar of Perak.

He also asked for an injunction to bar Datuk Dr Zambry Abdul Kadir from discharging his duties as Perak Menteri Besar and call for fresh state elections.

Mohammad Nizar, 52, also appealed to the court to declare that Zambry, who was appointed as Menteri Besar on 6 Feb, had no right to hold the post.

Mohammad Nizar, who appeared in court dressed in green ‘baju Melayu’ filed the application at the High Court registry (Appelate and Special Powers) through the firm of Leong & Tan at about noon today.

Mohammad Nizar, who is Pasir Panjang state assemblyperson after winning the 8 March general election, named Zambry as the respondent.

In the application, Mohammad Nizar, who was appointed Perak Menteri Besar on 17 March last year, said he was still the Menteri Besar on three grounds, namely that there was no dissolution of the state assembly, secondly there was no motion for a vote of no-confidence, and thirdly, he did not resign as the Menteri Besar of Perak.

In a supporting affidavit for the application, Mohammad Nizar stated that two state assemblypersons, Jamaluddin Mohd Radzi (Behrang) and Mohd Osman Mohd Jailu (Changkat Jering) had quit as state assemblypersons vide letters dated 20 Jan 2009 and another state assemblyperson Hee Yit Foong (Jelapang) had reliquished her post through a letter dated 3 Feb 2009.

“Following those resignations, the Barisan Nasional now has 28 state assemblypersons. I had informed the Sultan (of Perak) of the latest development and based on the principle of democracy, asked that the state assembly be dissolved to enable the people of Perak to choose a government of their choice.

“Through a media statement from the Sultan’s office on 5 Feb 2009, the Sultan decreed no dissolution of the state assembly and that if I and the state executive council did not resign our positions would be deemed as vacant.

“I stress that although there are efforts to remove me as the Menteri Besar of Perak, I am still the Menteri Besar and am still carrying out my functions and duties well, carefully and justly,” he said in his affidavit.

Mohammad Nizar, who is also Perak PAS deputy commissioner, asked the court for an order that the respondent show cause how and under what basis he (Zambry) was entitled to be Menteri Besar of Perak.

“The respondent has illegally and without right taken the post of Menteri Besar, has assumed responsibilities, functions and duties as Menteri Besar illegally and against the Perak state constitution.

“The respondent now makes representation to the people of Malaysia that he is the Menteri Besar of Perak, this confusing the public,” he said.

Mohammad Nizar also asked for an injunction that bars the respondent from discharging duties and responsibilities as the state’s Menteri Besar.

Mohammad Nizar said there was a dispute under Article 16(6) of the Perak state constitution on the status of the position of Menteri Besar between him and the respondent.

“Under the constitution, the applicant (Mohammad Nizar) does not have the position of Menteri Besar based on the willingness of the Sultan, and also there is provision for the applicant to be ordered to quit his post or be sacked as Menteri Besar,” the application read.